Academic literature on the topic 'Justice, restorative justice, criminal wrongdoing, criminal justice system'
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Journal articles on the topic "Justice, restorative justice, criminal wrongdoing, criminal justice system":
1
Chariri, Agus. "Criminal Settlement Of Criminal Acts Of Motorcycle Theft By Child Through Restorative Justice." International Journal of Educational Research & Social Sciences 3, no. 4 (September 1, 2022): 1359–67. http://dx.doi.org/10.51601/ijersc.v3i4.442.
Abstract:
A criminal act is an unlawful behavior carried out by an individual and must be punished for the wrongdoing as stated in the law. Criminal acts committed by children or known as juvenile delinquency are now increasingly widespread and varied, both in frequency in quantity or in seriousness in quality in the form of crime. If child crime develops rapidly and widely, what happens is that children who commit crimes will grow into adults and have the potential to become criminals if there is no serious response early on. This study uses an approach with a normative juridical method with a descriptive analytical research specification. The data used is secondary data. Based on the research results, the conclusions in this study include 1) The factors that cause children to commit the crime of theft include internal factors (personality), environmental factors and economic factors. 2) Implementation of restorative justice in handling the crime of motorcycle theft which is in accordance with the Implementation of the Diversion Child Criminal Justice System Law Number 11 of 2012. In applying restorative/diversion justice, there are always efforts for every child who commits a crime. In some cases, diversion can be carried out with the consent of all parties, so that the case does not reach the prosecution level. Restorative justice only applies to petty crimes, with mediation through deliberation. The application of restorative justice has not been effective, because there are still people who fail to implement the purpose of diversion in the investigation of criminal cases of theft of children's motorcycles, especially the police have not implemented the purpose of restorative justice. Everything from the number of children who steal motorcycles. 3) Obstacles in overcoming the crime of motorcycle theft by children through restorative justice, namely the difference in perceptions related to the meaning of justice by restorative justice actors and the existence of an incosystem in the implementation of regulations, especially those regulated in article 7 paragraph (2) of law number 11 of 2012 about the juvenile criminal justice system.
2
Vasiljevic-Prodanovic, Danica. "Restorative justice within the criminal justice system." Temida 13, no. 3 (2010): 57–68. http://dx.doi.org/10.2298/tem1003057v.
Abstract:
Positioning of restorative justice within the criminal justice system is one of the current questions preoccupying theorists and practitioners in the field. During decades restorative justice processes have been predominantly used within juvenile justice systems for dealing with minor offences committed by juveniles. Number of jurisdictions in Europe, USA, Canada, Australia have criminal codifications containing provisions that enable use of restorative justice processes in aim of diversion. Recent initiatives create possibility of applying restorative procedure in cases of serious crimes committed by adult offenders. This article reviews theoretical discussions and practical issues relating the scope and tasks of restorative justice within criminal justice, which may contribute to the development and use of restorative processes in our criminal justice system.
3
Awaliah Nasution, Nurul Putri, Fathul Hamdani, and Ana Fauzia. "The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System." European Journal of Law and Political Science 1, no. 5 (November 28, 2022): 32–41. http://dx.doi.org/10.24018/ejpolitics.2022.1.5.37.
Abstract:
Settlement of criminal cases through restorative justice, focusing directly on perpetrators, victims, and the community in the process of resolving criminal cases, Formulation of the problem how the concept of restorative justice in criminal law reform and prospects for the formulation of restorative justice in criminal law reform, using normative research methods. Based on the results of the study, it can be concluded that the concept of restorative justice can become permanent legal politics in building the national criminal law system in the future. The draft Criminal Code has accommodated the principle of restorative justice participation as a method of resolving problems outside the court, so it is very possible if the concept of restorative justice is used as a criminal law reform in Indonesia in the future and the prospects for the formulation of restorative justice in criminal law reform have been adapted in Indonesian law by the existence of regulations made by law enforcement, where the principle of restorative justice regulated in the internal provisions of case settlement from law enforcement and it is implemented sectoral and doesn’t use a criminal law policy theory approach, namely the renewal of criminal law through the formation of laws and restorative justice theory as a whole, namely as the approach to the concept of restorative justice. The response to a restorative justice settlement has received a positive appreciation from the community and law enforcement officials. It is suggested the need to accommodate the settlement of criminal cases through restorative justice against criminal acts in the Criminal Procedure Code and the Criminal Code that will come with certain conditions. Such a process also needs to be applied at all stages of the examination, starting from the investigation, prosecution, and trial.
4
Hendarto, Yudi, and Umar Ma'ruf. "Diversion In Children Criminal Justice System Through Restorative Justice." Jurnal Daulat Hukum 1, no. 2 (June 6, 2018): 331. http://dx.doi.org/10.30659/jdh.v1i2.3269.
Abstract:
The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice
5
Alobo, Eni E., and John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM." International Journal of Engineering Technologies and Management Research 5, no. 12 (March 24, 2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.
Abstract:
This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
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Ab Aziz, Norjihan, Nurah Sabahiah Mohamed, Nasimah Hussin, and Najaa Syahirah Samsudin. "Restorative Justice in The Child Justice System: Implementation in Other Jurisdictions." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 6 (June 27, 2022): e001561. http://dx.doi.org/10.47405/mjssh.v7i6.1561.
Abstract:
Developments in the child criminal justice system internationally, indicate that restorative justice has been adopted as one of the mechanisms of resolving criminal cases. Some countries, such as the United Kingdom and New Zealand integrate restorative justice process into the child justice system to complement the available law in dealing with child offenders. It can be regarded as an alternative or complementary to the child justice system that allows the perpetrator and the victim to resolve the criminal dispute based on their needs and interests with the assistance of a neutral third party. Unless the discussion or agreement is unable to reach, the case will be forwarded to the court that has jurisdiction to hear and determine the case. However, Malaysia does not have specific provisions in the law that allow criminal offences committed by a child to be resolved through restorative justice. Thus, this article examines the concept of restorative justice and its implementation in the child criminal justice system in New Zealand and the United Kingdom. This article also examines Malaysian position on restorative justice for child offenders and how it can be integrated into the Malaysian child justice system. It is proposed that the Child Act 2001 be amended so that restorative justice can be introduced and implemented as part of the child justice system in Malaysia. This article adopts qualitative research with reference to printed and online materials such as books, journal articles, acts, and decided cases that are available in the library and the internet.
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Copic, Sanja. "The notion and basic principles of restorative justice." Temida 10, no. 1 (2007): 25–35. http://dx.doi.org/10.2298/tem0701025c.
Abstract:
One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .
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O’Mahony, David. "Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland." International Criminal Law Review 12, no. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.
Abstract:
This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.
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Rahiminejad, Esmaeil. "Iranian Criminal Justice System from the Perspective of Restorative Justice Models." Scholars International Journal of Law, Crime and Justice 5, no. 10 (October 18, 2022): 468–76. http://dx.doi.org/10.36348/sijlcj.2022.v05i10.010.
Abstract:
Different systems of criminal policy including governmental and social have followed various restorative justice models such as "abolitionist or pure-minded", "separatist or autonomous" and "reformist or maximalist", based on their prevailing political, doctrinal, and ideological values and discourses, and in this regard have focused on various restorative programs such as arbitration councils, mediation, family sessions, as well as healing and sentencing circles. Iranian criminal justice system, unlike other systems, has adopted a different approach to restorative justice, due to its special legal and political structure. This paper analyzes the structure of this system from the perspective of restorative justice models and processes. It explains the prevailing and common model of restorative justice in this system and its limitations and challenges.
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Hafrida, Hafrida. "RESTORATIVE JUSTICE IN JUVENILE JUSTICE TO FORMULATE INTEGRATED CHILD CRIMINAL COURT." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 439. http://dx.doi.org/10.25216/jhp.8.3.2019.439-457.
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The purpose of this article is to formulate the concept of restorative justice which balanced to protect between child offenders and the victims through the diversion (Victim-offender oriented). This goal will be realized through normative research (legal research) based on Restorative Justice concept. In Law Number 11 of 2012 concerning the Child Criminal Justice System the process (SPPA Law), its prioritizes the Diversion Process (Settlement outside the court) carried out through a Restorative Justice approach. Article 5 paragraph (2) of the SPPA Law states Restorative Justice is the settlement of criminal cases by involving perpetrators, victims, families of perpetrators /victims, and other related parties to jointly to find a fair solution by emphasizing recovery and not based on revenge. Empirical conditions show that balanced legal protection between criminal offenders and victims has not implemented. Evaluation of Law Number 11 of 2012 is needed to formulating the Integrated Child Criminal Court.
Dissertations / Theses on the topic "Justice, restorative justice, criminal wrongdoing, criminal justice system":
1
Ho, Vivian Wei Wun. "How should restorative justice be applied to the Hong Kong criminal justice system?" access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324244a.pdf.
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Barnes, Olivia Mary. "Restorative justice in the criminal justice system : the McDonaldization of diversionary youth conferencing." Thesis, Ulster University, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669225.
Abstract:
Restorative justice has fast become a crime control strategy employed across jurisdictions. Its development within youth justice has coincided with the rise of neoliberal policies. However, the focus of neoliberalism on managerialism, efficiency, calculability and control are not congruent with restorative justice. Perhaps unsurprisingly then youth conferencing has the potential to become standardised in order to integrate into the audit culture of criminal justice. What the thesis examines the process and impact of diversionary youth conferencing, as a restorative justice process within the criminal justice system. Diversionary youth conferencing has been fully integrated into the youth justice system of Northern Ireland for over a decade and the findings of this thesis have provided a comprehensive account of how it is being influenced and moulded by the criminal justice system. The research adopted a qualitative, phenomenological methodology, involving non-participant observation and semi-structured interviews with (young people, youth conference coordinators and community representatives. Using triangulation of these four data sources to develop a comprehensive picture of youth conferencing. The theoretical framework of Ritzer's neoliberal McDonaldization thesis (1983) was used to shed light on the research findings. This analysis has shown that during the conferencing process young people can feel vulnerable, ill -equipped, intimidated, labelled as a trouble maker, coerced, abandoned, as though they have 010 one they can trust, forced into apologising and forced into agreeing a conference plan. These findings are disempowering and victimising. Diversionary youth conferencing is a process in which legal requirements, risk and targets have taken the place of harm and equal participation of stakeholders. It has become a McDonaldised process driven by the need for efficiency, calculability and control of risk, resulting in a set 0 f techniques used to administer youth justice.
3
Johnson, Brendyn. "Making Sense of Restorative Justice in the Criminal Justice System: A Study on Crown Attorneys." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/38592.
Abstract:
Using an ethnomethodological approach, this research sought to describe how Restorative Justice is integrated into the daily world of the prosecution. This was achieved through the use of in-depth interviews with ten Crown attorneys from different sites in Eastern Canada alongside limited periods of participant observation.
This research described how Crown attorneys inhabit a world in which it is necessary to perform an in-depth analysis of the defendant, their characteristics and how much blame can be accorded to them in order to then consider what sanction, if any, is required. Their world also demonstrated that protection of the victim and of society are paramount. Nevertheless, issues such as delay and the reputation of the criminal justice system were shown to be an important factor to also consider as a competent member of the prosecution. Through these methods, participants described a world in which Crowns embody a quasi-judicial role by evaluating and deciding on the proper course of action in regards to a criminal file.
When applied to the use of Restorative Justice, these factors helped demonstrate that Crown attorneys thought of it as something which allowed victim and defendant to communicate with one another regarding the consequences of a crime. Restorative Justice was able to be justified through certain factors mentioned above; however, certain other aspects did not find support through them. Indeed Crowns appreciated such a process because they felt it would not endanger victims, that it might contribute to the safety of the public, and because it does not supersede the criminal justice system. Furthermore, for some, it might reduce delay. However, aspects such as attaining victim and or defendant satisfaction did not easily align with the aforementioned factors despite the positive manner in which these potential consequences of Restorative Justice were described by most participants.
It was hypothesized then that Restorative Justice is used in a seemingly appropriate manner due to the ways in which it can respond to issues which are important to the prosecution. Other potential positive consequences are simply viewed as beneficial but not offering strong justification for the use of such programs on their own. Indeed, through Restorative Justice, Crowns stay in some measure of control over proceedings while it may also help bolster the legitimacy criminal justice system by responding to certain criticisms levelled against it. Thus, to a certain degree, Crowns are able to reconcile the two different approaches by highlighting the benefits it brings to the criminal justice system while not drawing attention to the ways it does not.
4
Kinyanjui, Sarah Muringa. "A genealogical analysis of the criminal justice system in Kenya : rebirth of restorative justice for juveniles?" Thesis, University of Leicester, 2009. http://hdl.handle.net/2381/4495.
Abstract:
This thesis explores restorative justice practices as a modality of intervention in juvenile crime in Kenya. To analyse current restorative justice practices, the thesis adopts the Foucauldian concept of genealogy and examines the processes through which contemporary penal practices have become acceptable. The thesis links reforms in the juvenile justice system in Kenya to the process of legal globalization and highlights the role of the ‘law and development’ discourse in this process. Identifying pitfalls intrinsic to the Westernization of Kenyan law, the thesis engages in a postcolonial critique of law and development. Inspired by Foucault’s analysis of power/knowledge, which postcolonial theory heavily relies on, the thesis examines the conditions that make the Westernization of Kenyan law possible. In particular, the thesis analyzes the conditions that have made certain penal practices acceptable. Using data collected through original empirical research and existing literature on the Kenyan justice system, the thesis examines these penal practices. The research reveals that there have been attempts to incorporate restorative justice practices in the formal juvenile justice system. However, the system underutilizes these practices in favour of conventional court-based penal practices. On the other hand, restorative justice values are embraced in informal forums. Arguing that restorative justice values are compatible with the cultural ethos of communities in Kenya, this thesis examines why restorative justice practices in the formal juvenile justice system remain underutilized. The thesis identifies imprisonment as the predominant modality of punishment in Kenya and analyzes how restorative justice fits in within this context. Analyzing the current underutilization of restorative justice, the thesis highlights the failure to tailor legal structures to fit the contextual realities as a major drawback to the Westernization of Kenyan law. Inspired by postcolonial theory, the thesis underscores the need for local solutions to structural challenges besetting the legal system. It further emphasizes the need for a careful analysis of the compatibility of global penal trends with the contextual realities of a country still beset by the aftermath of colonialism.
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Olayode, Adeniyi Olayemi. "Back to the past : the (re)integration of restorative justice into the Nigerian criminal justice system." Thesis, Durham University, 2017. http://etheses.dur.ac.uk/11962/.
Abstract:
Recently in Nigeria, calls have been made from stakeholders in the criminal justice system for change, with particular focus on reforms in the methods via which offenders are punished and rehabilitated. These calls have been made, mainly for two reasons. Firstly, the current sanctions in place, the most popular being the curtailment of the liberty of offenders via imprisonment, has failed to deter convicted and prospective offenders. This has contributed to high crime rates with recidivism recorded in high numbers. Secondly, the system fails to address the damages suffered by victims and the community at large. Therefore, there is a need to reform the current penal system so that it not only ensures that appropriate sanctions are issued, but also encourages participation by victims and the community in resolving issues arising from the crime. One possible avenue for reform that this thesis considers is a concept known as Restorative Justice (RJ). This is because of the perceived similarities between RJ and pre-colonial restorative practices in Nigeria. Before the arrival of the British colonialists in the 19th century, the main objective of the pre-colonial justice systems was to restore social safety with little or no recourse to the use of extreme punishments like imprisonment or the death penalty. This thesis examines the aforementioned pre-colonial justice systems as well as the circumstances that led to their substitution with the British colonial justice system, including the use of imprisonment as the primary method of punishment. It proceeds to analyse the RJ concept and establishes that it does share similar principles and history with its pre-colonial counterpart and can therefore act as a 21st century alternative. Based on these findings, this thesis argues for the integration of RJ into the Nigerian Criminal Justice system, including its penal system and concludes with recommendations for its implementation.
6
Li, Si Xu. "Improvement of criminal reconciliation system in China :Reference from the restorative justice practice in Taiwan." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953495.
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Sayous, Benjamin. "La justice restaurative. Aspects criminologiques et processuels." Thesis, Pau, 2016. http://www.theses.fr/2016PAUU2011/document.
Abstract:
Introduite dans le Code de procédure pénale par la loi n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales, à l'article 10-1, la justice restaurative rejoint désormais l'ensemble des réponses socio-pénales que le système de justice pénale français peut mobiliser pour répondre aux conséquences et aux répercussions du phénomène criminel. Depuis le 1er octobre 2014, date d'entrée en vigueur de l'article 10-1 du Code de procédure pénale, toute personne victime ou auteur d'une infraction pénale peut se voir proposer une mesure de justice restaurative, dans toute procédure pénale et à tous les stades de la procédure. Insérée dans le titre préliminaire du Code de procédure pénale, dans un sous-titre II "De la justice restaurative", la possibilité d'un tel recours à une mesure de justice restaurative prend place parmi les grands principes qui irriguent la procédure pénale et montre l'ambition du législateur en faveur de la justice restaurative présentée comme une des réponses à la crise que traverse le système de justice pénale actuel. Toutefois, au-delà de cette seule possibilité, se pose la question de la place que la justice restaurative peut occuper au sein de ce système, en particulier en ce qui concerne son institutionnalisation concrète et pratique. La démonstration de la forte complémentarité existant entre justice restaurative et justice pénale, au service d'un système de justice pénale répondant pleinement aux attentes des justiciables, ouvre la voie à une application conjointe de mesures de justice issues spécifiquement des deux modèles de justice. Il peut en résulter un système reposant sur une application conjointe de mesure de justice restaurative et de justice pénale et permettant un traitement différentiel, à la fois du conflit de nature infractionnelle et des attentes criminologiques et juridiques des personnes concernées. Cette approche, mise en perspective avec les initiatives naissantes de programmes en France, présente l'avantage de ne pas nécessiter d'importantes modifications du système de justice pénale. Elle consiste en la construction d'une offre locale de justice restaurative, complète et disponible, structurée par des organismes de coordination du partenariat sur lequel elle repose. Elle se manifeste actuellement, tant à l'échelon local, à travers la création de Services régionaux de justice restaurative (SRJR), qu'à l'échelon national, à travers les actions de l'Institut Français pour la Justice Restaurative (IFJR), aux côtés des principales fédérations et administrations concernéesThe law n° 2014-896 of August 15th 2014 on “Individualization of penalties and for strengthening the effectiveness of criminal sanctions” introduced in the Criminal Procedure Code restorative justice. From now on, it belongs to the socio-criminal responses proposed by the French criminal justice system to respond to the consequences and impact of the criminal phenomenon. Since October 1th 2014, the date of entry into force of the law, a “restorative justice measure” may be proposed to any victim or offender during every criminal procedure and at all stages of the proceedings. Inserted in the preliminary title of the Code of Criminal Procedure, subtitle II, entitled "About restorative justice", the possibility of such recourse to a restorative justice measure takes place among the great principles that define the criminal procedure and shows the French legislator ambition for restorative justice, which is presented as a possible answer to the criminal justice system current crisis. However, it raises the question of the place of restorative justice in this system, especially with regard to its concrete and practical institutionalization. The demonstration of the strong complementarity between restorative justice and criminal justice to create a criminal justice system that fully meets the expectations of victims and offenders pleads in favour of a joint implementation of legal measures from these two models of justice. This can lead to a system, based on a joint application of restorative justice and criminal justice, and permitting differential treatment, both of the criminal conflict and of the criminological and legal needs of individuals. This approach, put into perspective with the emerging program initiatives in France, has the advantage of not requiring major changes to the criminal justice system. It involves the construction of a local offer of restorative justice, complete and fully available, structured by coordinating bodies from the parternership the offer is based on.. This approach is currently visible at the local level, through the creation of Restorative Justice Regional Services (SRJR), as at the national level, through the actions of the French Institute for Restorative Justice (IFJR), with the main federations and administrations
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Teófilo, Anna Mayra Araújo. "Educação em direitos humanos e justiça restaurativa: cruzamentos paradigmáticos de reforma da justiça criminal." Universidade Federal da Paraíba, 2015. http://tede.biblioteca.ufpb.br:8080/handle/tede/8334.
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Submitted by Morgana Silva (morgana_linhares@yahoo.com.br) on 2016-07-01T19:05:21Z
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In contemporary Brazil, changes in the population dynamics reveals the increase of the crime and indicates the necessity of rethink, lato sensu, the criminal models adopted by states in their various spheres, skills. In this sense, it has proved crucial to the formulation of a new model of criminal justice that takes into account the new parameters of a newly formed democratic society. In other words, it is essential to think in new criminal legal phenomena that have as their primary care the respect for human rights and, consequently, the dignity of the human person during the resolution pf conflicts related to criminal harvest. The objective of this research it is to reveal the compatibility that education on human rights and restorative justice present in the humanization of the criminal justice process. Therefore, this work will build in the researches, among other authors, of Bitencourt, about the decay of the prison system; Neves, Van Ness, Pallamolla with respect to restorative justice; and, finally, Reardon, Bobbio and Boiteux in human rights education as a practice model of education for peace. In methodological terms, the research realized it was of bibliographic nature, with a literature review of the issues involved for its. At the end of the survey it was found the hypothesis which suggests that to practice a humanizing criminal justice, arising from the principle of moral and material solidarity, it is necessary to reform the current criminal justice from encouraging human rights education and the effective consolidation of restorative justice within the Brazilian legal system. This research is relevant not only because of the lack of the subject from standpoint of international law as well because the fact of the thematic still be motive of large differences in harvest of contemporary International Relations.
No Brasil contemporâneo, mudanças na dinâmica populacional revelam o aumento da criminalidade e indica a necessidade de se repensar, lato sensu, os modelos criminais adotados pelos Estados em suas diversas esferas, competências. Nesse sentido, tem-se revelado crucial à formulação de um novo modelo de justiça criminal que leve em consideração os novos parâmetros de uma recente formada sociedade democrática. Ou seja, faz-se essencial pensarmos em novos fenômenos jurídicos criminais que tenham como cerne primordial o respeito aos direitos humanos e, consequentemente, a dignidade da pessoa humana durante a resolução de conflitos relacionados à seara penal. O objetivo dessa pesquisa é revelar a compatibilidade que a educação em direitos humanos e a justiça restaurativa apresentam no processo de humanização da justiça criminal. Para tanto, este trabalho apoiar-se-á nas pesquisas, dentre outros autores, de Bitencourt acerca da decadência do sistema prisional; Silva, Neves, Van Ness, Pallamolla no que diz respeito à justiça restaurativa; e, finalmente, Reardon, Bobbio e Boiteux na educação em direitos humanos como prática modelo de educação para a paz. Em termos metodológicos, a pesquisa realizada foi de cunho bibliográfico, com uma revisão da literatura sobre os assuntos por ela envolvidos. Ao final da pesquisa foi constatada a hipótese a qual sugere que para a prática de uma justiça criminal humanizadora, oriunda do princípio da solidariedade material e moral, faz-se necessário uma reforma da justiça criminal atual a partir do incentivo à educação em direitos humanos e da consolidação efetiva da justiça restaurativa no sistema jurídico brasileiro. Trata-se de pesquisa relevante não apenas em razão da carência do assunto do ponto de vista do Direito Internacional, como também pelo fato da temática ainda ser motivo de grandes divergências em seara das Relações Internacionais contemporânea.
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Pacheco, Andreia Teixeira Moret. "Justiça restaurativa: uma possível alternativa a pena de prisão e sua utilização pelo poder judiciário." reponame:Repositório Institucional do FGV, 2012. http://hdl.handle.net/10438/9749.
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Submitted by Marcia Bacha (marcia.bacha@fgv.br) on 2012-05-07T19:58:51Z
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O presente trabalho tem por finalidade estudar a Justiça Restaurativa como uma alternativa a pena de prisão e sua utilização pelo Poder Judiciário. O trabalho foi realizado pelo modelo plan francês, desenvolvido em duas partes, uma parte teórica e uma prática; cada uma das partes foi dividida em dois capítulos. Na parte teórica, no primeiro capítulo foi estudada a justiça restaurativa, seus conceitos e peculiaridades, além de sua contextualização no universo jurídico. No segundo capítulo foram estudados os institutos da mediação e da conciliação, bem como à aproximação dos referidos institutos da justiça restaurativa. Na segunda parte, a prática; primeiramente abordamos o Projeto de Lei nº 7006/2006, que visa introduzir a Justiça Restaurativa em nosso sistema penal de forma institucionalizada e a Resolução nº 125 do Conselho Nacional de Justiça (CNJ). No segundo capítulo analisamos os programas de justiça restaurativa existentes no Brasil, a criação dos Núcleos de Mediação pelo Tribunal de Justiça do Estado do Rio de Janeiro; mapeamos a justiça restaurativa no Estado do Rio de Janeiro e não identificamos nenhum projeto em andamento. E por fim analisamos os indícios da Justiça Restaurativa existentes no Juizado Especial Criminal (JECRIM) da Barra da Tijuca, onde esse tipo de procedimento não existe de forma estruturada. Não existe um programa que dê aporte a prática, sendo utilizada, quando possível, como mais um instrumento para resolução dos conflitos, por meio da mediação penal.
The present work intends to study the restorative justice as an alternative to the imprisonment and its use by the Judiciary. The work has been done by the French model plan developed in two parts, one theoretical and one practical; each part was divided in two chapters. In the first chapter of the theoretical part, we studied the restorative justice, its concepts and peculiarities, besides its context in the legal universe. In the second chapter we studied the mediation and the conciliation as well as its approximation with the restorative justice. In the second part, the practical one, at first, we discussed the law project n° 7006/2006 that aims to introduce the restorative justice in our penal system in an institutionalized way and the resolution nº 125 of the National Council of Justice (CNJ).In the second chapter of the practical part we analyze the programs of restorative justice existent in Brazil, the creation of a Mediation Center by the Court of Justice of Rio de Janeiro; we map the restorative justice in the State of Rio de Janeiro and we could not identify any project in course. At last we analyze the traces of restorative justice that exist in the Special Criminal Court (JECRIM) in Barra da Tijuca- Rio de Janeiro, where this kind of procedure exists in a non structured way. There isn’t a program that contributes with the practice, being used, when possible, as an additional tool to the conflicts resolutions, by the penal mediation.
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Filgueira, Elissandra Barbosa Fernandes. "Justi?a restaurativa no sistema penal e processual penal como forma de concretiza??o do estado democr?tico constitucional." Universidade Federal do Rio Grande do Norte, 2013. http://repositorio.ufrn.br:8080/jspui/handle/123456789/13995.
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Previous issue date: 2013-08-23Diante do atual modelo penal e processual penal n?o atender aos reclamos das partes interessadas, gerando um descr?dito na Justi?a de um modo geral, surge a Justi?a Restaurativa como uma alternativa para solucionar tais problemas e como elemento de concretiza??o do Estado Democr?tico Constitucional. A Constitui??o Federal de 1988 representa o s?mbolo maior do processo de democratiza??o e de constitucionaliza??o nacional. O Princ?pio da Dignidade da Pessoa contida no texto constitucional consiste num dos principais fundamentos da Rep?blica Federativa do Brasil, funcionando como respaldo aos direitos e garantias fundamentais do cidad?o, sobretudo na seara criminal. A partir do processo de constitucionaliza??o nacional, ocorre uma releitura das legisla??es infra-constitucionais, que passam a ser interpretadas de acordo com o texto constitucional. Atualmente, a conjuntura jur?dico-penal p?tria est? associada ? ideia de garantismo, ligada ao conceito de Estado Democr?tico Constitucional. Apresenta-se a Justi?a Restaurativa como um novo modelo de Justi?a Penal, mais flex?vel e humanizado, visando al?m da aplica??o da pena imposta pelo Estado, superar uma situa??o de conflito, na busca por resultados positivos no combate e redu??o da criminalidade, a satisfa??o da v?tima e a mudan?a da cultura de viol?ncia, compat?vel com as diretrizes do Estado Democr?tico Constitucional. A partir da an?lise do direito internacional e de projetos e legisla??es nacionais envolvendo a Justi?a Restaurativa, percebe-se a efic?cia das medidas restaurativas na solu??o de conflitos dentro do Processo Penal, al?m da satisfa??o da v?tima, do infrator e de familiares na participa??o dos encontros restaurativos, constituindo ferramenta de satisfa??o da dignidade humana, dentro de uma perspectiva humanista e garantista
Books on the topic "Justice, restorative justice, criminal wrongdoing, criminal justice system":
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Paulin, Judy. The Wanganui Community-managed Restorative Justice Programme: An evaluation. Wellington, N.Z: Ministry of Justice, 2005.
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Blagg, Harry. Crime, aboriginality and the decolonisation of justice. Annandale, N.S.W: Hawkins Press, 2008.
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Marks, Russell. Crime & punishment: Offenders and victims in a broken justice system. Collingwood, Vic: Redback, 2015.
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Hansen, John George. Swampy Cree justice: Researching the ways of the people. Kanata, Ont: JCharlton Pub., 2011.
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Hansen, John George. Swampy Cree justice: Researching the ways of the people. 2nd ed. Vernon, BC: JCharlton Publishing Ltd., 2013.
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Paulin, Judy. The Rotorua Second Chance Community-Managed Restorative Justice Programme: An evaluation. Wellington, N.Z: Ministry of Justice, 2005.
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Châtain, Jean. Paysage après le génocide: Une justice, est-elle possible au Rwanda? Pantin: Le Temps des cerises, 2007.
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Billoen, Salomé Van. Les juridictions Gacaca au Rwanda: Une analyse de la complexité des représentations. Bruxelles: Bruylant, 2008.
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Jones, Nicholas A. The courts of genocide: Politics and the rule of law in Rwanda and Arusha. Abingdon, Oxon [England]: Routledge, 2009.
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Billoen, Salomé Van. Les juridictions Gacaca au Rwanda: Une analyse de la complexité des représentations. Bruxelles: Bruylant, 2008.
Book chapters on the topic "Justice, restorative justice, criminal wrongdoing, criminal justice system":
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Gehm, John R. "The Function of Forgiveness in the Criminal Justice System." In Restorative Justice on Trial, 541–50. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8064-9_38.
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González Ramírez, Isabel Ximena. "The Transition from an Inquisitorial to an Adversarial Criminal Justice System: An Opportunity for Restorative Justice in Chile." In Comparative Restorative Justice, 155–79. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74874-6_8.
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van Wormer, Katherine Stuart, and Clemens Bartollas. "Restorative Justice for Female Victims and Offenders." In Women and the Criminal Justice System, 207–32. 5th ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003173939-10.
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Graef, Roger. "Reflections on the Role of the Media in the English Criminal Justice System." In Restorative Justice on Trial, 327–32. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8064-9_20.
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Gal, Tali. "Child Victims in the Criminal Justice System." In Child Victims and Restorative Justice, 91–118. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199744718.003.0004.
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Case, Steve, Phil Johnson, David Manlow, Roger Smith, and Kate Williams. "23. Criminal justice principles." In The Oxford Textbook on Criminology, 693–717. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198835837.003.0023.
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This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.
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Case, Steve, Phil Johnson, David Manlow, Roger Smith, and Kate Williams. "20. Criminal justice principles." In Criminology. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198736752.003.0020.
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This chapter examines the source and changing nature of the fundamental principles of criminal justice. It begins by considering a process of change for criminal justice featuring four factors labelled as ‘game changers’ — principles, policies, practices, and people — with a particular focus on principles. It then discusses the importance of the rule of law doctrine and some of its key features, including parliamentary sovereignty, separation of powers, an independent judiciary, due process, and human rights. It also explores the essential features of an adversarial justice system and the restorative justice principle and concludes with an assessment of the roles of the police, the courts, and the Crown Prosecution Service in the criminal justice system.
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Toule, Elsa R. M. "The Nature of Restorative Justice in the Criminal Justice System." In 1st Virtual Workshop on Writing Scientific Article for International Publication Indexed SCOPUS, 517–21. Sciendo, 2022. http://dx.doi.org/10.2478/9788366675827-090.
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Freitas, Pedro Miguel, and Pablo Galain Palermo. "Restorative Justice and Technology." In Advances in Linguistics and Communication Studies, 80–94. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0245-6.ch005.
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In civil law countries, criminal justice is beginning to experience a shift from retributive justice towards restorative justice. Amongst other goals, restorative justice aims to give the victim a pivotal role in the administration of justice, which until now, with the traditional criminal justice, has not happened at a desirable level. It covers very different processes, but victim-offender mediation is certainly the most established one. Although an online version of the victim-offender mediation model is yet to be implemented, we believe that it could be a relevant alternative to an offline setting. It is nevertheless clear that further studies are necessary to fully comprehend the extent of the structure and implications of a ODR system for criminal conflicts.
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Hillier, Tim, and Gavin Dingwall. "Restoration, Reconciliation and Reconceptualizing Justice." In Criminal Justice and the Pursuit of Truth, 171–88. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529203189.003.0009.
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Earlier Chapters question whether traditional modes of adjudication are able to capture the reality of a criminal event. This is one of several concerns that have led theorists and activists to seek alternatives to the orthodox criminal justice system; most notably, there is an increasing use of restorative justice schemes at the domestic and international level. After considering definitional issues, the Chapter will outline the main claims made by exponents of restorative justice and review empirical evidence which is broadly supportive. The conclusion reviews the implications of adopting a restorative approach for truth-finding in criminal cases.
Conference papers on the topic "Justice, restorative justice, criminal wrongdoing, criminal justice system":
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Setyorini, Erny Herlin, Sumiyati, and Pinto Utomo. "Restorative Justice Concept for Children Conflicting Laws in Children Criminal Justice System." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.040.
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UmiRozah, UmiRozah. "Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289438.
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Rochaeti, Nur. "Legal Culture of restorative Justice in Juvenile Criminal Justice System in Indonesia." In International Conference on Ethics in Governance (ICONEG 2016). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/iconeg-16.2017.27.
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Indriawati, Sri. "Politics of Criminal Law in Implementing Restorative Justice Against Narcotics Addicts in the Criminal Justice System." In Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.16-4-2022.2320131.
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Lasmadi, Sahuri, Ratna Kumala Sari, and Hari Sutra Disemadi. "Restorative Justice Approach as an Alternative Companion of the Criminal Justice System in Indonesia." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.044.
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Vitória Abrahão Cabral, Marina, and Valdir Júnio dos Santos. "Restorative justice and the resolution of judicial conflicts: na analysis of the restorative justice Program of the General Department of Social and Education Actions (DEGASE –RJ)." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212436.
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The analytical and practical field of restorative justice is linked to the debates on the new social conflict management that challenge the institutional design of criminal justice and the Brazilian legal system. When starting from the problematization of the Brazilian criminal justice, we assume that the penalty under neoliberalism presents itself as a societal project that is sustained by the paradox of the potentiation of the police and penitentiary State and the minimization of the economic and social areas of action of the State. Thus, restorative justice emerges as an efficient conflict resolution mechanism, mainly because its criminal approach is based on equating relationships and repairing the damage caused to individuals and communities. In this context, this research aims at analyzing the impact of the implementation of the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE, abbreviation in Portuguese) established by Ordinance 441 of September 13, 2017, within the scope of the social and education units, as well as the challenges presented to those responsible for implementing the law in the state of Rio de Janeiro, Brazil (judges, public defenders, members of the Public Prosecution Service and the DEGASE System) inthe management of restorative practices directed at juvenile offenders deprived of freedom. This problematization raises questions about the limits of the definition of crime and punishment; the relationship between criminal law; and the protection of human rights. The research is structured in three stages: systematic review of the academic field of restorative justice and the Brazilian criminal justice system; elaboration of a framework of the experiences of policies developed in the field of restorativejustice in the state of Rio de Janeiro; and the elaboration of the sociodemographic profile of adolescents and their family structure –analyzing the variables:gender, infraction, age group, monthly family income, education, family structure, and territoriality. It is expected to obtain a critical view of the state of the art of literature on restorative justice in the Brazilian criminal justice system and the debate in the field of conflict resolution criminalized by juvenile offenders served by the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE).